The Domestic Abuse Act 2021

The Domestic Abuse Act 2021 introduced major reforms intended to improve the protection and support available to victims of domestic abuse in England and Wales.

The legislation recognises that domestic abuse is not limited to physical violence. It can include sexual abuse, threats, controlling or coercive behaviour, economic abuse and psychological or emotional abuse.

What Is Domestic Abuse?

Under the Act, behaviour can amount to domestic abuse where both people are aged 16 or over, are personally connected, and the behaviour is abusive.

Abusive behaviour includes:

• Physical or sexual abuse
• Violent or threatening behaviour
• Controlling or coercive behaviour
• Economic abuse
• Psychological, emotional or other abuse

The behaviour may involve a single incident or a continuing course of conduct.

Who Is Personally Connected?

The Act can apply to people who:

• Are or were married or civil partners
• Are or were engaged to marry or form a civil partnership
• Are or were in an intimate personal relationship
• Have a child together
• Are relatives

The people involved do not have to live together. Abuse by a former partner can continue after separation through contact, finances, property, stalking or arrangements involving children.

Economic Abuse

The statutory definition specifically recognises economic abuse.

This includes behaviour that substantially affects anotherperson'ss ability to obtain, use or retain money, property, goods or services.

Examples can include:

• Controlling access to bank accounts
• Taking wages or benefits
• Preventing someone from working
• Running up debts in another person's name
• Refusing access to food, transport or essential household items
• Withholding money needed for children or basic living costs
• Damaging property or preventing its use

Economic abuse can continue after a relationship has ended.

Children as Victims

The Act recognises children as victims of domestic abuse in their own right where they see, hear or experience the effects of abuse and are related to either the victim or the person responsible.

A child does not have to witness a physical assault directly. They may be affected by fear in the home, damaged property, controlling behaviour, police attendance, separation or the emotional and financial consequences of abuse.

The Domestic Abuse Commissioner

The Act established the independent office of the Domestic Abuse Commissioner.

The Commissioner promotes awareness, monitors the response of public authorities, identifies good practice and examines whether victims are receiving appropriate services and protection.

Public bodies must cooperate with the Commissioner and respond to formal recommendations where required.

Support in Safe Accommodation

Tier-one local authorities in England have a duty to assess the need for domestic abuse support within safe accommodation and prepare strategies for providing that support.

Safe accommodation can include:

• Refuges
• Specialist safe housing
• Dispersed accommodation
• Sanctuary schemes
• Move-on accommodation

The duty concerns support connected with safe accommodation. It does not create a general guarantee that every victim will immediately receive a particular property.

Domestic Abuse Protection Notices and Orders

The Act created Domestic Abuse Protection Notices and Domestic Abuse Protection Orders, commonly known as DAPNs and DAPOs.

These measures are intended to provide flexible protection covering different forms of domestic abuse. They can impose restrictions on the person alleged to be responsible and may also require positive action.

Possible provisions include:

• Prohibiting contact with the victim
• Preventing entry to the victim’s home or specified areas
• Requiring the person to leave shared accommodation
• Electronic monitoring
• Attendance at a behaviour-change programme
• Drug, alcohol or mental health treatment requirements

Are DAPOs Available Everywhere?

No. The new DAPN and DAPO system has been introduced through pilot schemes rather than an immediate national rollout.

As of 2026, the orders are operating in selected areas, including Greater Manchester, Cleveland, North Wales and specified London boroughs, as well as through the British Transport Police.

Other protective measures, including non-molestation orders, occupation orders, restraining orders and the existing Domestic Violence Protection Notice and Order system, remain relevant outside the pilot arrangements.

Who Can Apply for a DAPO?

Depending on the circumstances and pilot arrangements, an application may be made by:

• The police
• The victim
• Another person with the court's permission

A court may also be able to make an order during other criminal, civil or family proceedings where the statutory requirements are satisfied.

Breaching a Domestic Abuse Protection Order

Breaching a DAPO without reasonable excuse is a criminal offence.

The court may also deal with some breaches as contempt of court. The consequences can include imprisonment, a fine or both.

A suspected breach should be reported to the police promptly, particularly where there is an immediate risk to the victim or children.

Non-Fatal Strangulation and Suffocation

The Act created a specific offence of non-fatal strangulation or suffocation.

The offence can be committed where a person intentionally strangles another person or deliberately carries out another act that affects their ability to breathe and amounts to a battery.

Strangulation can cause serious injury without leaving visible marks and is recognised as a significant indicator of escalating risk in abusive relationships.

Anyone who has been strangled or suffocated should seek urgent medical assistance, even if they initially appear to have no external injury.

Controlling or Coercive Behaviour After Separation

The Act extended the offence of controlling or coercive behaviour so that former partners and family members no longer have to live together for the offence to apply.

This recognises that abuse may continue after separation through stalking, threats, financial control, online monitoring or the misuse of child-contact arrangements.

Threats to Share Intimate Images

Sharing private sexual images without consent was already a criminal offence before the Domestic Abuse Act was passed.

The 2021 Act extended the law to cover threats to disclose private sexual photographs or films where the required intention was established.

The law concerning intimate images has since been developed further. Anyone threatened with disclosure should keep the messages or otherEvidencee and report the matter to the police.

Cross-Examination in the Family Court

The Act prohibits personal cross-examination between an alleged perpetrator and victim in specified family and civil proceedings.

This means that a person accused or convicted of domestic abuse cannot personally question the alleged victim in court in circumstances covered by the legislation. Equivalent protection can prevent a victim from being required to question the alleged abuser directly.

Where cross-examination is necessary in the interests of justice, the court may appoint a qualified legal representative to conduct it.

Special Measures in Court

Victims of domestic abuse may be eligible for special measures when givingEvidencee.

These can include:

• GivingEvidencee from behind a screen
• Using a live video link
• Separate waiting areas
• Restrictions on contact with the other party at court
• Other arrangements intended to reduce distress and intimidation

The measures available will depend on the type of proceedings and the court's assessment.

Domestic Abuse and Child Arrangements

When deciding arrangements for children, the family court must consider the child's welfare and any risk of harm.

Evidence of domestic abuse can affect decisions about:

• Where a child should live
• Whether contact should take place
• Whether contact should be supervised
• How children should be collected and returned
• Whether protective conditions are required

The existence of domestic abuse does not automatically produce one particular outcome. The court must assess the nature of the abuse, the risk of further harm and the individual child's circumstances.

Non-Molestation Orders

A non-molestation order can prohibit a person from threatening, harassing or contacting the victim or children.

The order may also prevent the person from approaching the home, workplace or another specified location.

Breaching a non-molestation order without reasonable excuse is a criminal offence.

Occupation Orders

An occupation order can regulate who is entitled to live in or enter the family home.

Depending on the circumstances, it may:

• Require a person to leave the property
• Prevent them from entering specified areas
• Define how different parts of the home may be occupied
• Require access to be permitted

The court will consider matters including housing needs, financial resources, conduct and the likely effect on the parties and any children.

Domestic Abuse and Homelessness

A person may be legally homeless where it is not reasonable for them to continue occupying accommodation because of domestic abuse.

Local authorities should not require a victim to remain in or return to accommodation where doing so would expose them to abuse.

Domestic abuse can also give a person a priority need for homelessness assistance, subject to the applicable housing legislation and individual circumstances.

Legal Aid

Legal aid may be available for protective injunctions and some family proceedings involving domestic abuse.

Eligibility may depend on the type of proceedings, financial circumstances and evidence of domestic abuse. A range of evidence may be accepted from the police, courts, doctors, social services and specialist support organisations.

There is no court application fee for a non-molestation or occupation order, although legal representation may involve costs where legal aid is not available.

Reporting Domestic Abuse

Call 999 where someone is in immediate danger.

If it is unsafe to speak during a mobile 999 call, listen to the operator and press 55 when prompted. Remaining silent without following the operator's instructions does not automatically result in police being sent.

Domestic abuse can also be reported through the non-emergency police service or discussed confidentially with a specialist domestic abuse organisation.

KeepingEvidence e

Where it is safe to do so, usefulEvidencee may include:

• Text messages and emails
• Social-media communications
• Photographs of injuries or damage
• Medical records
• Bank statements
• Police reference numbers
• Statements from witnesses
• A diary of incidents
• Doorbell or security-camera recordings

A victim should not place themselves at additional risk to obtainEvidencee. Specialist services can help with safety planning and secure record-keeping.

The Act's Limitations

The Domestic Abuse Act represented a substantial change in the law, but legislation alone cannot ensure that every victim receives prompt and effective protection.

Successful implementation depends on:

• Proper police and professional training
• Accessible refuge and support services
• Availability of legal aid and specialist solicitors
• Consistent court procedures
• Effective enforcement of protective orders
• Support for children and victims with additional needs

The continuing pilot of DAPNs and DAPOs also means that the same protective order is not yet available nationwide.

The Current Position

The Domestic Abuse Bill is no longer proposed legislation. It became the Domestic Abuse Act 2021 and many of its central provisions are now operating.

The Act provides a statutory definition of domestic abuse, recognises economic abuse and children as victims, restricts direct cross-examination in court and creates the offence of non-fatal strangulation or suffocation.

Domestic Abuse Protection Notices and Orders have begun operating in selected pilot areas. Still, they have not yet replaced the existing protective arrangements throughout England and Wales.

Getting Legal Advice

A family law solicitor can advise about non-molestation orders, occupation orders, divorce, financial arrangements and proceedings concerning children.

A criminal law solicitor can advise someone accused of domestic abuse or being investigated for offences including assault, coercive control, stalking, harassment or non-fatal strangulation.

Anyone facing immediate danger should contact the police rather than wait for a legal appointment.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. This page provides general information about the law in England and Wales. Domestic abuse legislation and the availability of particular protective orders can vary by area and may change as pilot schemes are extended.

Feedback

If you believe this page contains an error or requires updating, please get in touch with us. We welcome amendments that help keep our legal information accurate and useful.